ASHUTOSH WELCOMES YOU

“Take up one idea. Make that one idea your life - think of it, dream of it, live on that idea. Let the brain, muscles, nerves, every part of your body, be full of that idea, and just leave every other ideas alone. This is the way to success - that is way great spiritual giants are produced.”

About Me

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Life is self-realization. Every birth is divine. We are born anew every morning. My wish is that I may catch the gleam, be freed from limitations and enter upon my boundless possibilities. My endowments are so rich and rare. There is no other person in the world just like me. I have genius, which, if it were brought forth into the sunlight, would glorify with brilliant inspiration a thousand lives. I have insight that, if it were energized, would make the desert blossom as the rose. I have initiative that once illuminated would create an empire fairer than any ever raised in marble. I have harmony lying latent in the vast octaves of my being, which if awakened into melody would sooth, comfort, restore, and purify the passions of the world. I have beauty; matchless in forms of grace, which if breathed into marble, or spread in soul colors upon the canvass would adorn the palaces of kings. I have thoughts which if given expression would burn and shine thru countless ages and bear their messages of hope and power to fainting multitudes.

Thursday, August 18, 2011

The Supreme Court of India

Overview:

1. The Supreme Court of India is decreed by Part V, Chapter IV of the Constitution

2.It was established on 28 Jan 1950

3. According to the Constitution, the role of the Supreme Court is that of a federal court, guardian of the Constitution and the highest court of appeal

4. The Supreme Court has original, appellate and advisory jurisdiction

About the Supreme Court building:

1. The first home of the Supreme Court was the Chamber of Princes of the Parliament building, which had been the seat of the Federal Court of India

2. The Court moved to the present premises in 1958

3. The present premises was designed by Ganesh Bhikaji Deolalikar

COMPOSITION OF THE SUPREME COURT:

Judges of the Supreme Court:

1. The Supreme Court consists of 31 judges – one Chief Justice and 30 other Justices

2. The Constitution originally provided for 7 judges in the Court. However, due to increased workloads, this number has been gradually increased, reaching 31 in 2008

3. Judges in the Supreme Court sit together in Benches to hear cases

4. A small Bench, with two to three Justices, is called a Division Bench

5. A large Bench, with five or more Justices, is called a Constitutional Bench

6. A Division Bench may refer a case up to a Constitutional Bench if desired

7. The first woman judge of the Supreme Court was Justice Fatima Beevi in 1987. However, there has been no female Chief Justice

Terms of service:

1. Judges of the Supreme Court are appointed by the President

2. Judges of the Supreme Court retire at the age of 65

3. Must be a citizen of India

4. Must have been one of the following:

(a). A judge of a High Court for at least 5 years

(b). An advocate of a High Court for at least 10 years

(c). A distinguished jurist, in the opinion of the President

Ad hoc Judges:

1. Ad hoc Judges are non-Supreme Court judges who sit in the Supreme Court when there is insufficient quorum to perform the judicial duties

2. Ad hoc Judges are appointed by the Chief Justice after obtaining consent from the President

3. Serving and retired judges of the Supreme Court (and High Courts) can sit and act as ad hoc Judges of the Supreme Court

4. Only such persons can be appointed as ad hoc Judges who are qualified to be appointed as a regular Judge of the Supreme Court

The office of the Chief Justice:

1. The senior most judge of the Supreme Court is appointed as the Chief Justice

2. The Chief Justice remains in office for 5 years or until retirement, whichever is earlier

3. The Chief Justice is responsible for allocation of work to other judges

4. Other judges may refer cases to him if a bench of higher strength is required

5. The Chief Justice administers the oath of office to the President

6. In the absence of the President and the Vice-President, the Chief Justice sits as the Acting President of India

7. The Chief Justice is the ex-officio Chancellor to most autonomous law schools in India

Noteworthy Chief Justices:

1. The current Chief Justice, Sarosh Homi Kapadia (since May 7, 2010). is the 38th Chief Justice of India.

2. The first Chief Justice of India was H J Kania (1950 – 1951). Before appointment to the Supreme Court, he served as the Chief Justice of the Federal Court of India (1947 – 1950). He was from Bombay

3. The shortest tenure was for K N Singh (Nov 1991 – Dec 1991, UP)

4. The longest tenure was for Y V Chandrachud (1978 – 1985, Bombay)

INDEPENDENCE OF JUDGES

1. The salaries and allowances of Judges are charged to the Consolidated Fund of India and are not subject to a vote of Parliament

2. The salaries and other service conditions of Judges cannot be changed to their disadvantage during their tenure

3. Judges can be removed only by a resolution of both Houses of Parliament passed with a two-third majority

4. Judges can be removed only on grounds of proven misbehaviour or incapacity

5. Judges are barred from practicing in any court after retirement

6. The decisions and actions of Judges cannot be criticized. Disrespect to Court authority can invite Contempt of Court proceedings

7. The conduct of Judges cannot be discussed in Parliament or state legislatures

8. The appointment of Judges does not depend on the discretion of the President. Judges are appointed by the President in consultation with other Judges of the Supreme Court, while the Chief Justice is appointed based on seniority

9. The Court enjoys complete freedom with respect to appointment of officers of the Court

JURISDICTION OF THE SUPREME COURT:

Original Jurisdiction:

1. Original Jurisdiction means that certain types of cases can originate with the Supreme Court only

2. The Supreme Court has original jurisdiction in

3. Disputes between the Centre and one or more states

4. Disputes between the Centre and any state(s) on one side and one or more states on the other side

5. Disputes between two or more states

6.Disputes regarding the enforcement of Fundamental Rights

Appellate Jurisdiction:

1. Appellate Jurisdiction means that appeals against judgements of lower courts can be referred to it

2. The Supreme Court is the highest court of appeal in the country

Three types of cases fall with appellate jurisdiction:

(a). Constitutional cases: an appeal against a High Court judgement can be made to the Supreme Court if the High Court determines that the case involves questions on the interpretation of the Constitution

(b). Civil cases: an appeal can be made in civil cases if the High Court certifies that the case involves a substantial question of law of general importance, and that the said question needs to be decided by the Supreme Court
(c). Criminal cases: an appeal can be made in criminal cases if the High Court has reversed an acquittal and sentenced a person to death, or has taken up a case from a subordinate court and sentenced an accused to death interestingly, if the High Court reverses a conviction and orders acquittal, no appeal to the Supreme Court can be made

Advisory Jurisdiction:

1. Advisory Jurisdiction refers to the process where the President seeks the Court’s advice on legal matters

2. If the President asks for advice from the Supreme Court, the Court is duty-bound to give it. However, it not binding on the President to accept the advice

POWERS AND FUNCTIONS OF THE SUPREME COURT:

1. Court of Record:

(i). The Supreme Court is a court of record

(ii). What this means is that its records are admitted to be of evidentiary
value and cannot be questioned in any court

(iii). As a court of record, it also enjoys the power to punish for contempt of court

2. Judicial Review:

(i). Judicial Review means that the Court can ensure that laws passed by the legislature and orders issued by the executive do not contravene the Constitution

(ii). If these laws or orders go against the Constitution, the Court can declare them unconstitutional and hence invalid

(iii). The Court also protects the Fundamental Rights of citizens through various types of writs

3. Other powers:

(i). The Supreme Court appoints its officers and servants in consultation with the UPSC and determines their conditions of service, in consultation with the President

(ii). It can make rules regarding the practice and procedure of the court with the approval of the President

(iii). It can appoint arbitrators to decide cases relating to costs incurred by state governments in carrying out directions of the Union government

(iv). It adjudicates disputes relating to the election of the President and Vice-President

(v). It can recommend the removal of the Chairman and members of the UPSC to the President

Friday, August 12, 2011

CSAT format is practical and progressive

The first Civil Service Aptitude Test is behind us and the dust has settled over the content, direction and syllabus. However, not many have delved into understanding the purpose of CSAT. What does UPSC want to achieve through the incorporation of an aptitude test? How is it an improvement over the previous paper? And above all, what qualities are UPSC looking for in candidates? These, and many more questions, are yet to be answered.

Some feel that it is a process of sidelining test-takers from the vernacular medium, while others believe that it has been done to include students from science/engineering/commerce backgrounds; and there are plenty who feel that UPSC has merely added more burden (CS applicants) by including aptitude testing. The step to include a separate paper for CSAT has been done deliberately. Here are a few benefits of including a full paper on aptitude testing in the Civil Services examination.

One has to understand the basic dynamics of incorporating a full paper on aptitude testing. Aptitude testing has been a small part of the preliminary exam for many years.

However, the number of questions were as low as 15 out of 150. The cut-off for the GS paper (for 2010) is close to 40 questions. So a test-taker could afford not to attempt these questions and still get through the prelims. This was not a healthy sign for any examination and, hence a change was imminent.

Second, more than 20 subjects were available for test-takers for the preliminary exam and there were a few highly sought-after subjects like Public Administration, History, Geography, Sociology etc. These subjects were most sought-after because the scaling process favoured test-takers. This is also one of the primary reasons why UPSC never divulged the scaling process adopted by it.

Third, as already told, the twenty subjects available for test-takers were of different difficulty levels and it was very difficult for the UPSC to remove the error of differential difficulty through another tool of scaling. It was impossible to maintain a uniform level of difficulty among all papers, and this breached the fundamental right of equal opportunity.

Fourth, if the main examination tests a candidate’s understanding of a subject, then why do we need two steps of the same thing? (the preliminary examination also did the same). So, the preliminary examination was testing a candidate on a subject and then the main examination again tested the same candidate on the same or another subject.

One more benefit of including CSAT, if not a direct outcome, is that it improves the employability of CS aspirants. Most test-takers prepare for the examination in full-time mode. They prepare only for this exam and are not in a position to prepare for other examinations (given the exhaustive nature of the examination). By the time a test-taker exhausts his/her attempts, he/she is over age for many other examinations like PO, SSC, CDS, etc. So, through this analysis, CS aspirants should prepare for the examination in the right spirit.

Thursday, August 11, 2011

Supreme Court orders to reform Indian Police

Supreme Court orders to reform Indian Police:

The Supreme Court of India, in a historical judgment yesterday, given order to reform existing criminal justice system to establish better rule of law in the country.
The Supreme Court has ordered to do some revolutionary changes in the Indian police administration. The Indian Police should be more accountable and should not entertain any kind of political interference.
The Indian Police Act is some 145-year-old. The Supreme Court has issued directives to the Centre as well as states to immediately implement the 7-point directive.
It is all about some necessary changes that is needed such as a 2-year fixed tenure for DGPs and the other senior officers who are holding the key posts.
The directive, too, includes the directive to separate crime investigation and prosecution process from the maintenance of normal law and order.
The bench of Chief Justice Y.K. Sabharwal, Justice C.K. Thakker and Justice P.K. Balasubramanyan ordered to implement the Basing the order on the recommendations of the National Police Commission (1977) recommendations.
The recommendation has some points such as-
# To set up a national security commission at the Centre and a state security commission at states.

# To set up police establishment board and police complaint authority in every state and at the district level.

# On the basis of the recommendations of the NHRC, the Julio Riberio Committee and the Soli Sorabjee Committee, the bench ordered to revamp the Indian Police Act, 1861.
# to restrict the politically interfered transfer and posting of officers when the government changes.
# To fix the tenure of DGPs, IGPs, DIGs and SPs for a minimum fixed tenure of two years. Promotion, charges on discipline grounds, corruption, criminal charges are exceptional.
# Introduce scientific research in crimes.
# The police establishment board will have the power of transfers, postings and promotion of officers below the rank of DSP.
# The national security commission will have the power for the selection and posting of chiefs of CPOs. It will take orders from Home Ministry.
# The state security commission will work under Chief Minister and DGP as ex-officio secretary.
# The state police complaint authority will work under a retired Supreme Court or high court judge.
At last, the Supreme Court has given the due time to center as well as states to implement the order till December 31. The Cabinet Secretary and the Chief Secretary of each state will have to submit conformity reports by January 2007.

Tuesday, August 2, 2011

Essential Interrogative Terms and Their Meanings:

Analyze: To find out what something is made up of by identifying its components.
(Critically) Analyze: To find out critically what something is made up of by identifying its components.

Assess: To examine something, to determine something in order to judge or evaluate it.
(Critically) Assess: Assessment containing or involving comments and opinions that analyze or judge something, especially in a detailed way.

Bring out the Significance: Bring out the implied or intended meaning.

Capture the Movement: To seize or gain control over a fast changing.

Comment: An implied or indirect judgment.

Consider: To think carefully about something.

Debate: To talk about something at length and in detail, especially as part of a formal exchange of opinion.

Describe: To give an account of something by giving details of its characteristics.

Do you agree? Give examples: To have the same opinion about something as somebody else. Decorate with examples.

Discuss: To write or speak about the topic formally/officially.

Elaborate: To organize with thoroughness and careful attention to detail.

Elucidate: To explain and clarify something.

Evaluate: To consider or examine something in order to judge its value.

Examine: To study or investigate something.
(Critically) Examine: Critically study or investigate something.

Examine closely: To study or investigate something carefully or thoroughly.

Explain: To give reason for something that has happened, often as justification for it. To justify.

Formulate: To draw something up carefully and in detail.

Give Argument in favor of something: To give reason to support your argument.

Give your judgment in favor: To form sound opinions and make sensible decisions or reliable guesses.

Investigate: To take a look and see what has happened.

Justify: See Explain.

List out the Salient Features: Arrange the noticeable and striking distinctive features.

Highlight the Salient Features: Take out the best part.